Today: the most important case the Supreme Court will handle this year

[IDemo]

Today, the Supreme Court will hear arguments in a case for Guantanamo inmates that ultimately could have far reaching impacts for all Americans. The issue is whether they should enjoy the right of habeas corpus which was denied to them by Congress under the Military Commissions Act of 2006. 'Habeas Corpus' means, essentially, that anyone accused of a crime has the right to hear the legal charges being brought against them, to face their accuser in a court of law, and defend themselves against those charges.

By placing himself literally above the law, Bush has reserved for himself the right to imprison people outside the U.S. and deny them habeas corpus and a fair trial. The Constitution states that "the privilege of the writ of habeas corpus shall not be suspended unless when in cases of rebellion or invasion the public safety may require it." We are under neither a rebellion or invasion.

This should be interesting given the SCOTUS we have now.

[Jim__]

1. The real question is whether or not we still have a constitution.

I don't have much hope, given the current Supreme Court.

[yourout]

2. With Kennedy being the deciding vote there is not much hope.

But we have dry powder.

[Beer Snob-50]

3. bushies will contend that an invasion is possible

with these prisoners free and thus habeas corpus should be suspended. this will stand up with the current supreme court although i have a feeling that kennedy could surprise everyone and vote against the bushies.

[librechik]

4. "Enemy combatants" need habeas--but what about us?

do we still have our rights as Americans that we fought and died for for decades? Can they really slip away this easily, with such self righteous smugness?

We shall see.

I fear we are about to witness the coup de grace blow in Operation Alito.

Farewell, America.
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[annabanana]

7. Since W can declare you to BE an "Enemy combatant"

at any time he wants.. I'm guessing this is applicable.

[MikeNearMcChord]

5. Who does history damns more?

The dictator, or the opposition that sits back and allows the dictator, to do his damage? Unlike Germany in the 30's or Russia in the first part of the 20th century, the opposition Party today has the will and the Constitutional mandate to stop this slide into madness, and G-ddammit they won't!:mad:

[annabanana]

6. C Span 3 is supposed to cover, starting 11:15. . . .n/t

[IDemo]

8. The MCA was written to reverse a Supreme Court decision

in Hamdan v. Rumsfeld. While it may seem all that is required is for the SC to reassert its former position, I seem to recall that one of the justices effectively advised that Congress could change the law if it wanted to.

- edit to add:

Justice Breyer's statement

Breyer - ...Congress has denied the President the legislative authority to create military commissions of the kind at issue here. Nothing prevents the President from returning to Congress to seek the authority he believes necessary. ...

http://en.wikipedia.org/wiki/Hamdan_v._Rumsfeld

[Jim__]

10. Is that the issue that they're hearing today?

Are they hearing a case about military commissions, or is this case about whether or not these prisoners have a right of habeas corpus?

[IDemo]

11. At issue: whether to overturn Military Commissions Act passed by Congress

http://www.msnbc.msn.com/id/22113362/

The case is about whether to overturn the Military Commissions Act, which took away habeas corpus.

[IDemo]

9. kicking, this is an important topic

This is about habeas corpus and executive power, folks. This is the whole shootin' match for a democracy.